State v. Rajo, 2010 UT App 360 (Utah Court of Appeals December 16, 2010).
Rajo, pleaded guilty to felony DUI but reserved his right to appeal the felony classification. Rajo argued that since the previous DUIs occurred in California they could not be used to enhance the Utah charge.
An out of state conviction can enhance a Utah DUI charge if the same acts would have also resulted in DUI conviction in Utah.
California law, like Utah, prohibits driving by anyone with a blood alcohol content of .08% or more. In Utah, one must only be in physical control of a vehicle. In California, one must be driving the vehicle. If Rajo was convicted in California, the court must assume that his BAC was .08% or above while he was driving a motor-vehicle. Such acts would constitute DUI under Utah law and, therefore, such convictions can be used to enhance Utah DUI charges. Affirmed.
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